Article 2: Judicial Authority

Jurisdiction of the University

1. University jurisdiction and discipline shall pertain to conduct which occurs on University premises or off-campus and which adversely affects the University Community, including any of its members, and/or the pursuit of its objectives and mission. In addition, illegal conduct off-campus may be prosecuted on campus as a violation of the Student Conduct Code, and students outside of the United States may be held responsible on campus for violations of the laws of the country where they are visiting/residing.

2. University regulations and procedures shall determine the composition of judicial bodies and Appellate Boards and determine which judicial body, Judicial Advisor and Appellate Board shall be authorized to hear each case.

• The Director of Judicial Affairs shall oversee the development of policies for the administration of the judicial program and procedural rules for the conduct of hearings.
  
• Decisions made by a judicial body and/or Judicial Advisor shall be final, pending the normal appeal process.
  
• A judicial body may be designated as arbiter of disputes within the student community in cases which do not involve a violation of the Student Code. All parties must agree to arbitration, and to be bound by the decision with no right of appeal.

3. Vice Provost for Undergraduate or Graduate Education shall administer the judicial procedures and policies for all cases of student violation of University academic integrity standards.

4. The University Police officers are appointed police officers under the Education Law and the Criminal Procedure Law. They have the authority to make arrests, and are empowered to enforce these regulations and all applicable laws on campus and on any properties owned, rented, or leased by the University. The University Police officers have similar authority to that of policemen. Among their added powers are the power to execute warrants, the power to stop, identify and interrogate individuals, and the power to issue appearance tickets.

Campus Disciplinary Action

1. Students referred for violations of the Student Conduct Rules, University Standards, and Administrative Regulations are subject to disciplinary action through the Office of Judicial Affairs. The director of the Office of Judicial Affairs will decide on the appropriate judicial body. If a student is referred to the Student-Wide judiciary, that student must make an appointment to meet with the office within five calendar days of referral. The SWJ, a peer judicial body, acts under the discretion of the Office of Judicial Affairs. Students may request an administrative hearing in place of a hearing through the SWJ.

2. The SWJ is comprised of Justices and University Hearing Representatives. Justices are appointed by their respective student governments. University Hearing Representatives are law students employed by office of judicial affairs. Students meet with Hearing Representatives to resolve the referral. Both parties appear before a Justice for a formal review of the agreement, or if no agreement is forthcoming, either party may initiate a group consultation with the Justice. If no agreement is possible, either party may request a formal hearing before a panel of Justices. Formal hearings follow specific rules of procedure and the findings of the Justices are final and binding.

3. Students in violation of the code of conduct may choose an administrative hearing in place of the Student-Wide Judiciary. If such a hearing is chosen, the student meets to discuss the potential violation with professionals in the Division of Student Affairs, who then determine an outcome. The student will be notified in writing of the administrative decision.

When appearing or testifying before a campus judicial body, the following principles apply:

• The right of a victim to have a person or persons of her or his choice accompany her or him throughout the disciplinary hearing.
• The right to remain present during the entire proceeding.
• The right, as established in state criminal codes, not to have his or her irrelevant past sexual history discussed during the hearing.
• The right to make a "victim impact statement" and to suggest an appropriate penalty if the accused is found in violation of the code.
• The right to be informed immediately of the outcome of the hearing.

Sanctions

1. Sanctions shall be at the discretion of the judicial body and shall be limited only by the rules governing the University disciplinary bodies. (For a list of specific sanctions which may be invoked, consult the procedures for each specific University Disciplinary Body. Copies of the procedures of the Hearing Committee for the Maintenance of Public Order and the Student-Wide Judiciary are available in the Office of the Director of Judicial Affairs, Room 252 Capen Hall, North Campus.)

2. The judicial bodies have the power to institute and/or recommend* the following range of sanctions:

A. Warning.
B. Restitution.
C. Counseling
D. Loss of privileges.

(1) Removal from University housing facilities.
(2) Loss of such privileges as may be consistent with the offense committed and the rehabilitation of the student.

E. Disciplinary probation with or without the loss of designated privileges for a definite period of time. The violation of the terms of disciplinary probation or the infraction of any University rule during the period of disciplinary probation may be grounds for suspension or expulsion from the University.
F. Suspension from the University for a definite or indefinite period of time.*
G. Expulsion from the University.*
H. Community Service.
I. Permanent Transcript Notation - A student transcript will be subject to disciplinary notation for the following reasons:

1. Hazing
2. Other serious violations which may include, but are not limited to, physical violence, weapons possession, drug or alcohol sale, arson, or any conduct that could lead to the death or physical injury of another person.

If a student is found responsible for hazing, a notation of "disciplinary sanction" along with the date the sanction is imposed, will remain on his or her transcript permanently.

If a student is suspended from the University at Buffalo for a period of one calendar year or longer, a notation of "suspension-disciplinary" along with the date the suspension is imposed, will remain on his or her transcript permanently.

If a student is dismissed from the University at Buffalo a notation of "expulsion-disciplinary" along with the date the expulsion is imposed, will remain on his or her transcript permanently.

Students who receive a permanent transcript notation for suspension or expulsion will not receive academic credit for the semester in which the suspension or expulsion occurred. In addition, students will be liable for all tuition and fees.

J. Such other sanctions as may be approved by the University's judicial bodies.
K. More severe sanctions will result for repeat offenders.

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